cunningstunt

i have recieved in the post a fixed penalty notice for 48 in 30 from police operated equipment. cant remember even seeing them. got 3 lots of 3 for speeding first to come off in december. i see the following options 1) accept it and say i need the car for work and plead with a magistrate not to take my licence. 2}sort my mate out to take the 3 points. 3] say i wasnt driving but refuse to give the drivers details {apparently someone did this recently with the defence that to be forced to give someones details was against there human rights} 4}try and hang out a court date until december. any ideas welcome

NotoriousREV

While it is in breach of our Human rights under European Law, the UK courts have in fact deemed that it isn't. If you take your fight to the Euro courts, you'd better have very, very deep pockets.

Fullonloon

Failure to give the name of the driver, or pleading ignorance over who was driving will see you getting the points and fine I believe?

Much better to take the 3 points for doing nearly 50 in a 30 and learn from it. Do the points apply from the date of offence or from the date of conviction? If so, maybe you won't be banned and will go back to having 9 points...

TonyBurns

iTrader: (3)

The way they get round the driver not giving their details etc is just give the car owner the points so you loose out anyway...
id invest in a very good radar detector if i were you

Tony

ChrisS/P1

The points count from the date of the offence (i.e. when the court decides how many points).
I was done in April 1999, but was unable to provide my license (already away for a fine 2 weeks earlier!). It went to court in my absence, but it took from April to October to be procesed. Therefore the points count from October for 3 years.
I think you should risk it, take it to court, and you should get 4 points and about a £200 fine.

TypeRMan

Got my twin brother to take 3 points about 8 yrs ago.

The words 'You F****** w*****' spring to mind.

Get your mum, dad, aunt, uncle, friend, dog, cat to take the points and you pay their extra insurance when it comes around.

Good luck!

Adam M

you could always ignore the NIP.

I know someone who has been doing this for almost 10 years. throws away all fines etc.

Is convinced they rely on people to own up and pay things without contesting anything.

Worse case scenario say it was lost in post, you need to goto court anyway to beg forgiveness, and could always submit someone elses details later on!

John Stevenson

As I understand it, even though points are on your licence physically for 4 years, they only count towards a ban for 3 years. So if your first set of 3 was more than 3 years ago you should be OK. Assuming you don't get six !!

---john---

Katana

Plead guilty for a lesser crime like assault instead. The magistrate would probably just give you an hours worth of community service...

cunningstunt

if i say someone else was driving do they just change the details on the fixed penalty and send it to them expecting them to pay?

Plantie

How many years have your point been on your license.... their is a lot of confusion surrounding them being 3 or 4 yrs old.

The DVLA stat the althouhg the points stay on your license for 4 yrs they only stand for 3yrs in a court....


Someone earlier said you get your punishment based on date of offence.. this is not always right.... I got 5 points for an offence 4.5yrs ago. I got prosecuted 11 months later I was told they count from the conviction date.... (which it states on my license).

I like Adams suggestion..... you never know???

NotoriousREV

I think that on the form the owner has to say who was driving, and the driver has to sign to say they were driving.

Hanley

Look around on the net mate!!

There are skint students out there who will take the rap for you for £100 per point.

Worth keeping your licence for

cunningstunt

got 9 points, 3 of the points are 3 years old in december

Phil Harrison

I'm sure the points become valid on the date of conviction, which presumably means you've got to take it to a Magistrates Court (by pleading not guilty?), delay until December and then hope you don't get 6!! Pleading not guilty to a gross violation detected by technical means is fraught, to say the least, and may well p**s the Court off! Get someone else to take the rap if you wish, but be advised it's a low-ish risk/high penalty strategy (perverting the course of justice will NOT look good on the CV...?) And don't forget, that not everyone who reads this Board is necessarily "friend" You've broken cover by asking!!

IMHO I'd take the punch and roll with it as best you can.....

Sorree

Phil

Phil Harrison

...And read this thread on general earlier today
Topic:

"Anyone with experience of Road Traffic law please help."

Has some pointers about defending, if you want to.

phil

ustolemyname??stevieturbo

iTrader: (1)

Points stand from the date of conviction, wether it be in court, or you accepting them from the scum.. I know of a few people who have just passed on the "We have a photo of you" to a friend saying they have sold the car. They then post it off saying the same thing, etc etc. After 3 or 4 people, the scumbags get fed up, and give up. Just be sure not to get your dates mixed up, with each person owning the car for perhaps a few weeks or days. Or point blank refuse guilt, and claim someone must be driving with no. plates the same as yours. Maybe a stolen/cloned car.

cunningstunt

cheers mate. i drive a yellow robin reliant in the shetlands if anyone wants to know

Jerome

From the DVLA website (http://www.dvla.gov.uk/drivers/endorsem.htm):

Disqualifications, convictions and acceptance of fixed penalties payments in respect of driving offences are notified to DVLA by the courts. The details are entered on to the driver's record and the licence. In addition to paying a fine/fixed penalty the drivers licence will be endorsed with a penalty ranging from 3-11 points or a period of disqualification will be imposed, depending on the seriousness of the offence. Any driver who incurs 12 or more penalty points within a 3-year period faces automatic disqualification under the under "totting -up" system. Information on a driver's entitlement and endorsements are sent to courts and police on request.

Endorsements must remain on a licence for 11 years from date of conviction if the offence is :

drinking/drugs and driving (shown on the licence as DR10, DR20, DR30 and DR80).

causing death by careless driving whilst under the influence of drink/drugs (shown on the licence as CD40,CD50 and CD60).

causing death by careless driving, then failing to provide a specimen for analysis (shown on the licence as CD70).

or 4 years from date of conviction if the offence is as listed below :

reckless/dangerous driving (shown on the licence as DD40,DD60 and DD80),

offences resulting in disqualification.

disqualified from holding a full licence until a driving test has been passed.

or 4 years from the date of offence in all other cases.

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I reckon the above is slightly misleading as the points only "count" for 3 years from the date of conviction. This usually means you have "spent" points which cannot be removed from your licence for anything up to a year afterwards.

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Hope this helps.

Also, to avoid a ban you have to prove you will suffer undue hardship if you lose your licence. This normally means losing your job. You will have to prove this also so, if you company aren't prepared to lie for you (assuming you don't need a car for your job) you will have to use another plea. Also, if you go this route and are not banned, the court will probably leave the 9 points on your licence and give you a large fine, or give you 3 points (giving you 12) and a large fine. You will then have to drive very carefully until December. You can only use the undue hardship plea once in any 3 year period also. Looks like you'll have to (as previously suggested) get a good radar detector and even a Geodesy. Maybe I could even suggest you being careful in 30 limits.


[Edited by Jerome - 6/14/2002 6:55:39 PM]

Jon1T

Have a look at www.sppedtrap.co.uk - challenge it - ask them for a photo, ask what equipment they used, ask them to provide certificate showing calibration - you are within your rights to do all these things and this will drag it out - and may even result in them giving up. The system does rely on people coughing up quickly and not contesting.

I did the old 'can't remember who was driving' not heard from them since (4 months so far )